Ng Kim Han v Public Prosecutor: Criminal Revision for Gaming Offence Conviction
Ng Kim Han and others filed a petition for criminal revision in the High Court of Singapore after being convicted of gaming in a common gaming house. Yong Pung How CJ allowed the petition, reversing the convictions because the premises did not meet the legal definition of a common gaming house, as previously determined in Chua Seong Soi v Public Prosecutor. The court found that a crucial element of the offence was absent, warranting the exercise of its revisionary powers.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Petition allowed.
1.3 Case Type
Criminal
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Criminal revision allowed. Convictions for gaming in a common gaming house were overturned due to the premises not meeting the legal definition.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Public Prosecutor | Respondent | Government Agency | Appeal Dismissed | Lost | Hay Hung Chun of Deputy Public Prosecutor |
| Ng Kim Han | Petitioner | Individual | Appeal Allowed | Won |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Yong Pung How | Chief Justice | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Hay Hung Chun | Deputy Public Prosecutor |
| Jimmy Yim | Drew & Napier |
| Suresh Divyanathan | Drew & Napier |
4. Facts
- The Gambling Suppression Branch raided a factory at 31 Sungei Kadut Street 4.
- Ng Kim Han and others were arrested for playing pai kow.
- The individuals pleaded guilty and were fined $1,000 each.
- Chua Seong Soi, the tenant, claimed trial and was initially found guilty.
- Chua Seong Soi's conviction was reversed on appeal.
- The High Court determined the premises were not primarily used for gaming.
- The petitioners filed for criminal revision after Chua's acquittal.
5. Formal Citations
- Ng Kim Han and Others v Public Prosecutor, Cr Rev 23/2000, [2001] SGHC 42
6. Timeline
| Date | Event |
|---|---|
| Raid conducted on factory at 31 Sungei Kadut Street 4 | |
| Ng Kim Han and others arrested for gaming | |
| Ng Kim Han and others pleaded guilty | |
| Chua Seong Soi found guilty by the magistrate's court | |
| Chua Seong Soi's appeal allowed by the High Court | |
| Petition for criminal revision filed by Ng Kim Han and others | |
| Petition allowed |
7. Legal Issues
- Whether the premises constituted a common gaming house
- Outcome: The court held that the premises did not constitute a common gaming house.
- Category: Substantive
- Related Cases:
- [2000] 4 SLR 313
- Whether there was a serious injustice warranting the exercise of powers of revision
- Outcome: The court held that there was a serious injustice warranting the exercise of powers of revision.
- Category: Procedural
- Related Cases:
- [1996] 1 SLR 326
- [1997] 2 SLR 96
8. Remedies Sought
- Reversal of convictions
- Removal of criminal record
- Return of fines paid
9. Cause of Actions
- Gaming in a common gaming house
10. Practice Areas
- Criminal Law
- Appeals
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Chua Seong Soi v PP | High Court | No | [2000] 4 SLR 313 | Singapore | Cited to establish that the premises were not a common gaming house, leading to the reversal of the petitioners' convictions. |
| R v Li Kim Poat & Anor | N/A | Yes | [1933] MLJ 164 | Malaysia | Cited to support the principle that premises must be used primarily for gaming to be considered a common gaming house. |
| Ang Poh Chuan v PP | N/A | Yes | [1996] 1 SLR 326 | Singapore | Cited for the principle that criminal revision is allowed when there is serious injustice. |
| Abdul Aziz bin Ahtam v PP | N/A | Yes | [1997] 2 SLR 96 | Singapore | Cited as an example where criminal revision was allowed due to the absence of an essential element of the offence. |
| Chen Hock Heng Textile Printing Pte Ltd v PP | N/A | Yes | [1996] 1 SLR 745 | Singapore | Cited as an example where criminal revision was allowed because the statement of facts did not disclose all the necessary elements of the offence. |
| R v Fong Chong Cheng | N/A | Yes | [1930] SSLR 139 | Singapore | Cited to establish that gaming per se is not an offence unless it takes place within a common gaming house. |
| Packir Malim v PP | N/A | Yes | [1997] 3 SLR 429 | Singapore | Cited for the principle that pleas of guilt by unrepresented persons are not more easily vitiated than those by represented persons. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Common Gaming Houses Act (Cap 49) | Singapore |
| Common Gaming Houses Act (Cap 49) s 4(1)(b) | Singapore |
| Common Gaming Houses Act (Cap 49) s 7 | Singapore |
| Criminal Procedure Code (Cap 68) s 244 | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Common gaming house
- Criminal revision
- Pai kow
- Gaming
- Serious injustice
15.2 Keywords
- Gaming
- Criminal Revision
- Common Gaming House
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Criminal Revision | 95 |
| Casinos and Gambling | 90 |
| Criminal Procedure | 70 |
| Criminal Law | 60 |
| Sentencing | 60 |
| Administrative Law | 20 |
16. Subjects
- Criminal Law
- Gaming Law
- Criminal Procedure